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The Supreme Law publishes regulations on the qualifications of defendants in administrative litigation and regulations on requests for a new trial.
Accurately implement the administrative procedure law to promote the substantive resolution of administrative disputes
The journalist learned from the Supreme People’s Court on the 26th that the provisions of the Supreme People’s Court on the correct determination of the qualifications of the defendants in administrative litigation by local people’s governments above the level of the County (hereinafter, the “Regulations on the Qualifications of the Defendants”) and the Supreme People’s Court on the handling of administrative cases of a new trial The provisions on certain issues (hereinafter, the Provisions on the request of a new trial ) were discussed and approved at the 1832 meeting of the Judicial Committee of the Supreme People’s Court on February 22, 2021 and the 1833 session of the Judicial Commission of the Supreme People’s Court on March 1, 2021, and will be implemented on April 1 from 2021.
The main function of the contentious-administrative system is to supervise the administration of the administrative bodies in accordance with the law and to effectively protect the rights and legitimate interests of individuals. Correctly determining the qualifications of the parties in an administrative litigation, especially the qualifications of the defendants in an administrative litigation, is not only a requirement for the implementation of the Administrative Procedure Law, but also a requirement for timely, effective protection. and it specifies the legitimate rights and interests of the people.
It is understood that the People’s Supreme Court conducted an in-depth investigation into the drafting of two judicial interpretations in December 2020, and issued two judicial interpretations based on full argumentation and discussion. The full text of the “Provisions on the qualifications of the accused” consists of eight articles, which mainly clarify the rules for determining the qualifications of the accused in four categories and clarify the interpretation obligations of the people’s courts. The full text of the “Regulation on the request for a new trial” consists of six articles, which mainly clarify and refine the basic types of cases of new trials dictated by the Supreme People’s Court, the specific types of cases examined by the Superior Court of the People and the circumstances under which the People’s Supreme Court rejected a request for a new trial.
The “Regulation on the Qualifications of the Defendants” clarified that for mandatory demolition of land acquisition and local people’s governments at or above the county level, instructing the relevant functional departments to implement mandatory demolition of illegal buildings, the principle of determining the defendants’ qualifications of “who acts, who is the defendant” applies. If there is a mandatory demolition decision, the administrative body that made the mandatory demolition decision will be the defendant; If there is no mandatory demolition decision, the administrative agency that directly executed the mandatory demolition act will be sued. When a specific functional department performs an administrative act under the direction of a local town government at or above the county level, the administrative agency that ultimately performed the administrative act will be the defendant.
The “Regulation on the Qualifications of the Defendants” stipulates that if a local people’s government at or above the county level transfers an application for the discharge of responsibility to the lower-level statutory people’s government or the corresponding functional department, the lower-level popular government or functional department is the defendant. The “Regulations on the Qualifications of Defendants” also clarified how to determine the defendant in cases of real estate registration and government information release.
The “Regulation on the request for a new trial” clarifies that cases that have a general legal application and guiding importance throughout the country, cases that have a significant impact, trans-administrative cases, important cases related to abroad or Hong Kong, Macao, and Taiwan-related cases involving major national interests and public social and economic interests The Supreme People’s Court will decide new trials to be held in seven cases, including cases examined and decided by the Supreme People’s Court and other cases that the Supreme People’s Court considers that they are a new trial.
In order to resolve the existing judicial practice of the People’s Supreme Court after reviewing administrative requests for retrial cases, it was found that some cases were reviewed and handled by lower courts to resolve contradictions more effectively, the “Regulations on Requesting a New Trial” has dealt with applications after receiving materials for retrial applications.
During the drafting process of the two judicial interpretations, the three principles of putting the people at the center, substantively resolving administrative disputes, and optimizing the functional positioning of the four-tier courts were implemented. The promulgation of the interpretations will implement the administrative procedural law, protect precisely and effectively the legality of the people in a timely and effective manner, the rights and interests, promote the substantive resolution of administrative disputes, optimize the functional positioning of the four-level courts. and play a positive role in advocacy. (Liu Jing)
